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September 23, 2013: California Court of Appeal Agrees with NHLP Amicus Brief and Makes Servicer Stand by Its Own Modification Agreement

In Chavez v. Indymac Mortgage Services, NHLP and Housing and Economic Rights Advocates submitted an amicus brief in support of the homeowner's position that a permanent modification agreement forms an enforceable contract and bound her servicer to comply with its terms. In this pro-homeowner decision, the Court agreed with amici and reversed the trial court's sustaining of Indymac's demurrer to homeowner's breach of contract and wrongful foreclosure claims. The court reasoned that once the servicer offered to permanently modify the homeowner's loan, and the homeowner accepted the agreement and began making payments, the servicer was obligated to perform under the Modification Agreement. The servicer's failure to sign and return the Modification Agreement to the homeowner did not absolve it of its responsibilities under this enforceable contract. The servicer breached the Agreement by refusing to accept the homeowner’s modified, monthly mortgage payments. Further, the Court excused the homeowner from tendering the amount due on her loan because, under her breach of contract theory, the servicer had no authority to foreclose, rendering the sale void.

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